Chief City Director

Last Update: 23. Aug 2025

Definition and Legal Status of the Oberstadtdirektor

Der Oberstadtdirektor is a term for a principal municipal administrative office that was especially common in North Rhine-Westphalia and, to some extent, in Lower Saxony, Schleswig-Holstein, and Saxony-Anhalt until the end of the 20th century. The Oberstadtdirektor took over as the head of city administration the central administrative tasks in municipal bodies under the city constitution according to the council model or later according to the dual leadership model. The office is historically and legally closely linked to the development of German municipal law and was modified or abolished through numerous legislative reforms.

Historical Development

Origins in municipal law

The office of Oberstadtdirektor arose with the Prussian Municipal Code of 1853 and was further developed particularly by the German municipal codes of the 19th and 20th centuries. The position was primarily intended for independent cities with over 100,000 inhabitants, with the exact structure regulated by state law.

Legal Situation in the Federal States

North Rhine-Westphalia: Here, up until the municipal law reform of 1994, the Oberstadtdirektor was the chief administrative officer of the independent cities, while the Lord Mayor primarily assumed representative duties.
Lower Saxony: The office existed until the 1990s and was then abolished as part of administrative modernization and the introduction of the single-leadership system abolished.
Corresponding legal regulations also existed in Schleswig-Holstein and Saxony-Anhalt.

With municipal constitutional reforms, the office of Oberstadtdirektor was abolished in most federal states and replaced by the office of a (stronger) full-time Mayor or Lord Mayor.

Duties and Powers

Administrative Leadership and Scope of Duties

The Oberstadtdirektor was the chief administrator of the city administration. His scope of duties comprised the following key aspects:

Leadership and organization of the city administration: The Oberstadtdirektor was responsible for the appropriate, proper, and economical fulfillment of the tasks of municipal administration.
Implementation and execution of council resolutions: As the executive body, he ensured the implementation of the city council’s resolutions and supervised their proper execution.
Personnel authority: He was the superior of the administrative employees and civil servants of the city administration.
Management and Representation: Externally, the Oberstadtdirektor represented the city in legal transactions, unless this was reserved for the representative Lord Mayor.

Legal Foundations and Legal Status

Municipal Constitutional Law

The precise structure of the office and the allocation of duties between Oberstadtdirektor and Lord Mayor were regulated in the respective municipal constitutional law, in particular:

Municipal codes of the federal states (e.g., §§ 63 ff. GO NRW [old])
Main statutes of the respective city

Legal Service Status

The Oberstadtdirektor was generally a term-elected civil servant and was elected by the city council for a term of six to twelve years. He was subject to civil service law and, especially in case of dismissal, enjoyed extensive tenure protection as well as pension entitlements analogous to other term-elected civil servants.

Abolition and Successor Arrangements

Municipal Constitutional Reform

With the Municipal Constitutional Reform from the 1990s onward, the office of Oberstadtdirektor was abolished in almost all affected federal states:

Single-leadership system: The administrative and representative functions were combined in the person of the full-time Lord Mayor.
Strengthening of democratic legitimacy: Since then, the Lord Mayor has been elected directly by the city’s population.

Transitional and Phase-out Regulations

In many cities, transitional arrangements were created for incumbent Oberstadtdirektoren that governed their status during the current term, in some cases with continued entitlement to benefits.

Key Legal Sources and Literature

Key Legal Provisions

Municipal Code for the State of North Rhine-Westphalia (GO NRW) [old and new versions]
Lower Saxony Municipal Code (NGO) [before conversion]
Municipal constitutional reform laws of the federal states

Summary

The office of Oberstadtdirektor is a historically significant part of German municipal law and, for over a century, was formative for the administrative system of large cities, particularly in North Rhine-Westphalia. The comprehensive duties and powers of the Oberstadtdirektor made him the key actor in municipal administration before his functions were transferred, as part of the municipal constitutional reform, to the office of a democratically legitimized and directly elected Lord Mayor. The office is therefore relevant, especially from a legal-historical and administrative science perspective.

Frequently Asked Questions

What legal foundations regulate the appointment and dismissal of the Oberstadtdirektor?

The appointment and dismissal of the Oberstadtdirektor are essentially set forth in the municipal codes of the respective federal states, particularly the Municipal Code for the State of North Rhine-Westphalia (GO NRW) and the corresponding regulations of other states. In the course of municipal reforms, the office of Oberstadtdirektor was abolished in many states and its functions transferred to the (Lord) Mayor. Where the office still exists or existed, the Oberstadtdirektor was elected by the city council for a fixed term (generally eight years). Dismissal or removal could usually only occur for good cause and typically required a qualified majority in the council. Furthermore, final decisions could be legally challenged, for example, to check whether the requirements for dismissal were met. The laws also regulate details regarding entry into office, appointment (if applicable as a civil servant for a term), swearing-in, as well as entitlements to benefits and possible reappointment. In cases of dismissal for political reasons, the municipal codes usually imposed strict limits to protect the political neutrality of the administrative leadership.

Which tasks and powers derive for the Oberstadtdirektor exclusively from statutory provisions?

As head of administration, the Oberstadtdirektor performs the ongoing management of the administration and the lawful implementation of council resolutions as a mandatory duty. By virtue of the law, he is bound to the council’s decisions for all matters reserved to the council, while he has independent administrative and personnel authority in ongoing business. Essentially, the Oberstadtdirektor is responsible for the lawful execution of laws, ordinances, and other regulations within the scope of city administration. This includes, among other things, the hiring, transfer, and dismissal of city staff (unless otherwise specified), budget management in accordance with the respective municipal budget law, as well as representing the city in legal and administrative matters, unless another office is appointed by law or statute. He is also subject to comprehensive information and reporting duties to the council and its specialist committees.

How is the legal status of the Oberstadtdirektor in relation to the city council regulated?

Legally, the Oberstadtdirektor represents an administrative leadership largely independent from the political leadership of the council. His obligation to follow instructions extends only to the lawful execution of the council’s decisions and directives; in day-to-day administration he acts independently and autonomously. The municipal codes specify cooperation between the council and the Oberstadtdirektor based on the principle of local self-government: The council, as the organ of political will-formation, decides on fundamental matters and local policy while the Oberstadtdirektor is responsible for execution and administration. In certain cases, he is obliged to raise legal objections to the council; if he deems a council resolution unlawful, he must file an objection or seek legal clarification to ensure compliance with law and order.

What legal requirements exist concerning the personal qualifications of the Oberstadtdirektor?

The municipal codes and supplementary state regulations (e.g., civil service law) define clear legal requirements for the appointment of the Oberstadtdirektor. These generally include qualification for the higher general administrative service (career qualification), a completed university degree in law, administrative sciences, or an equivalent qualification. The selection process is based on suitability, aptitude, and professional performance, and is subject to the principle of equal treatment (Art. 3 GG) as well as the principle of selecting the best candidates. Appointment is typically as a civil servant for a term, with the corresponding duties under civil service law, especially neutrality, confidentiality, and selfless conduct of office.

What legal provisions apply to the discharge and liability of the Oberstadtdirektor?

There are detailed regulations regarding the discharge of the Oberstadtdirektor, especially with respect to budget management: Discharge is regularly granted by resolution of the council following audit of the annual accounts by the audit committee or state authorities (such as the municipal supervisory authority). Legally, discharge does not relieve the Oberstadtdirektor from liability for intentional or grossly negligent misconduct, but rather only represents approval of his conduct in the audited period. Liability relates to all actions and omissions in the course of duty; breaches can result in disciplinary consequences under civil service law as well as civil and criminal liability (e.g., for embezzlement, corruption).

How are the representative powers of the Oberstadtdirektor in legal matters regulated?

The municipal code and supplementary administrative regulations provide that the Oberstadtdirektor represents the legal entity ‘city’ in all legal transactions and administrative procedures, unless otherwise specified by law or by the main statutes (e.g., by assigning specific powers to department heads or the Mayor). His power of representation covers both legal and extrajudicial representation, such as in contracts, lawsuits, administrative acts, and sovereign measures. Restrictions may result from special statutory regulations, for example in foundational contracts or in the area of municipal enterprises, where the council or specific committees may have direct responsibility.

What duties does the Oberstadtdirektor have in the event of legal violations within the city administration?

If the Oberstadtdirektor becomes aware of breaches of duty or irregularities in the administration, he is obliged to pursue these in accordance with civil service and special legal requirements. This includes the immediate initiation of disciplinary proceedings against municipal employees, informing the council, and, if appropriate, involving the competent supervisory authorities. If he himself breaches legal provisions, he is subject to official supervision and may be personally liable for any material or immaterial harm under certain conditions. He is also obliged to report criminally relevant matters and to implement internal control mechanisms to ensure compliance with all legal requirements.

Further term explanations